Who gets the children at Christmas? – Family Law

Posted December 20th, 2018 in children, custody, divorce, families, holidays, news by sally

‘For many families, Christmas is a happy time of year. But for those who may be newly separated, it can be a time of heartbreak. This leads to the very important question – who gets the children at Christmas? Monica Blizzard, a director of KHQ Lawyers and head of the family and relationship law team, looks at the details.’

Full Story

Family Law, 19th December 2018

Source: www.familylaw.co.uk

Girl starved of oxygen at birth gets £22m compensation from hospital – BBC News

Posted December 13th, 2018 in birth, children, compensation, disabled persons, families, hospitals, negligence, news, pregnancy by sally

‘A girl starved of oxygen during birth who needs 24-hour care has been awarded compensation totalling £22m.’

Full Story

BBC News, 12th December 2018

Source: www.bbc.co.uk

Solicitor’s conviction for neglecting mother quashed – Legal Futures

Posted December 12th, 2018 in elderly, families, mental health, news, sentencing, wilful neglect by sally

‘The Court of Appeal has quashed a jail sentence of two and a half years imposed on a solicitor, who specialised in care for the elderly, for neglecting her mother.’

Full Story

Legal Futures, 12th December 2018

Source: www.legalfutures.co.uk

High Court to scrutinise restrictions on areas where P has capacity – Doughty Street Chambers

Posted December 11th, 2018 in autism, consent, Court of Protection, families, learning difficulties, news by sally

‘Mr Justice Hayden has handed down a judgment concerning LC, a young woman with autism and significant learning disabilities. During the course of proceedings which had lasted five years LC was assessed as having capacity to consent to sexual relations, marry, and make decisions about contraception; but to lack the capacity to make other decisions such as to conduct the proceedings, make decisions about her residence and about her contact with men. As a facet of LC’s autism she was preoccupied with seeking out sexual encounters and a care plan was formulated which permitted LC to have unsupervised contact with others. As the judge observed with “the enormous benefit of hindsight” this led to LC’s safety and dignity being compromised and placed an intolerable burden on those supervising her. The plan attracted significant public criticism. LC now resides in a care home but is able to spend time with her husband. In a sensitive judgment Hayden J endorsed LC’s treatment plan and directed a report from a female clinical psychologist, noting the obligation under the Mental Capacity Act to take steps to promote decision making capacity.’

Full Story

Doughty Street Chambers, 6th November 2018

Source: insights.doughtystreet.co.uk

Restore legal aid for separating couples, MoJ urged – Law Society’s Gazette

Posted December 11th, 2018 in budgets, consultations, divorce, families, legal aid, news by sally

‘Digitising the divorce application process and hoping for the best isn’t enough to reform the legal requirements for splitting up, the Law Society has warned, telling the government to restore legal aid so that separating couples can receive early advice.’

Full Story

Law Society's Gazette, 11th December 2018

Source: www.lawgazette.co.uk

Anonymisation Guidance – a curtain of secrecy? – Transparency Project

‘The President of the Family Division, Sir Andrew MacFarlane issued some guidance last week on the anonymisation of published judgments in family court cases.’

Full Story

Transparency Project, 10th December 2018

Source: www.transparencyproject.org.uk

Case Comments: KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53 and Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58 – UKSC Blog

‘ECHR, art 8 prevents someone from being removed from the UK where doing so would have a disproportionate impact on their private life and/or family life. Where a migrant seeks to rely on art 8, it is accordingly necessary for the Home Office, or on appeal the First-tier Tribunal, to conduct a balancing exercise between the individual’s private and family life rights on the one hand and the ‘public interest’ on the other.’

Full Story

UKSC Blog, 4th December 2018

Source: ukscblog.com

Government-commissioned review recommends legal aid for bereaved families – Law Society’s Gazette

‘The government has announced that it will introduce a new mental health bill following today’s publication of the findings of an independent review into the Mental Health Act 1983. However it is silent on the review’s recommendation that bereaved families should receive non-means tested legal aid – despite already pledging to accept two other recommendations.’

Full Story

Law Society's Gazette, 6th December 2018

Source: www.lawgazette.co.uk

Workshy dairy farmer son who ‘hates cows’ loses out on £1m inheritance – Daily Telegraph

Posted November 29th, 2018 in agriculture, families, news, wills by sally

‘A dairy farmer’s workshy son who “hated the herd” and “made cows nervous” will be thrown out of his home after losing a High Court claim to inherit his parents’ £1million farm.’

Full Story

Daily Telegraph, 29th November 2018

Source: www.telegraph.co.uk

Women launch legal challenge to ‘irrational’ universal credit system – The Guardian

Posted November 28th, 2018 in benefits, budgets, debts, families, news by sally

‘Four women have launched a high court legal challenge to universal credit, arguing that an arbitrary design flaw in the payment system for the new benefit is “irrational and discriminatory” and leaves some families hundreds of pounds a year worse off.’

Full Story

The Guardian, 27th November 2018

Source: www.theguardian.com

Changes to spousal maintenance to be proposed tomorrow – Family Law

Posted November 23rd, 2018 in bills, divorce, families, financial provision, news, select committees by sally

‘Tomorrow, a Bill brought by Baroness Deech in the House of Lords will reach the committee stage. The Bill seeks to amend the Matrimonial Causes Act 1973 with regard to financial settlements following divorce. The Bill proposes introducing a fixed-term limit for spousal maintenance, among other things. Some family lawyers are warning the Bill’s provisions are unnecessary, arbitrary and risk unfairness.’

Full Story

Family Law, 22nd November 2018

Source: www.familylaw.co.uk

Ellie-May Minshull-Coyle death: ‘Cage bed’ couple jailed – BBC News

‘A woman and her ex-partner who strapped a toddler face down in a “monstrous cage bed” have each been sentenced to 10 years.’

Full Story

BBC News, 16th November 2018

Source: www.bbc.co.uk

Families whose loved ones died in NHS mental health care call for inquiry and reforms as police drop investigation – The Independent

‘A decision to drop the investigation into the deaths of up to 25 people in the care of NHS mental health services has been described by as a “bombshell” that leaves them without “accountability or recourse”, by their families. Essex Police had spent nearly two years investigating deaths across nine sites at North Essex Partnership University Trust since 2000.’

Full Story

The Independent, 15th November 2018

Source: www.independent.co.uk

Man jailed for targeting grieving families with online abuse – Crown Prosecution Service

‘A man who admitted targeting Facebook memorial pages with sickening messages has been jailed for 14 months today (15 Oct) at Newcastle Crown Court.’

Full press release

Crown Prosecution Service, 15th November 2018

Source: www.cps.gov.uk

Dad jailed for ‘cannabis-induced’ baby murder attempt – BBC News

‘A young father who repeatedly tried to smother his newborn son amid a cannabis-induced psychosis has been jailed for ten years.’

Full Story

BBC News, 8th November 2018

Source: www.bbc.co.uk

Gloucester man jailed for murdering wife and stepdaughter – The Guardian

Posted November 6th, 2018 in domestic violence, families, murder, news, sentencing by sally

‘A man has been jailed for life and ordered to serve at least 29 years in prison for murdering his wife and stepdaughter in an episode of “wanton savagery”.’

Full Story

The Guardian, 5th November 2018

Source: www.theguardian.com

Children’s sibling relationships ‘at risk’ in case and adoption proceedings – Family Law

Posted November 5th, 2018 in adoption, children, families, news by sally

‘The significance attached to sibling relationships in care and adoption proceedings can be routinely outweighed by other factors, according to a new report funded by the Nuffield Foundation.’

Full Story

Family Law, 2nd November 2018

Source: www.familylaw.co.uk

Families go to high court to oppose Hackney’s SEN cuts – The Guardian

Posted November 2nd, 2018 in families, judicial review, local government, news, special educational needs by sally

‘A group of families have gone to the high court in London to try to overturn local authority cuts to special educational needs (SEN) spending, claiming their children are already failing to get the support they require.’

Full Story

The Guardian, 31st October 2018

Source: www.theguardian.com

Placement of a child outside their natural family – Family Law

Posted October 31st, 2018 in children, families, news, placement orders by sally

‘What factors does a court need to consider regarding the placement of a child away from their extended family? Amina Ahmed, barrister at Garden Court Chambers, explores the test used in deciding the correct balance for a child’s growing up in his culture of origin or in proximity with his family in the UK.’

Full Story

Family Law, 31st October 2018

Source: www.familylaw.co.uk

Supreme Court rules that parental misconduct irrelevant to whether child should leave UK — an extended look – UK Human Rights Blog

Posted October 30th, 2018 in appeals, children, deportation, families, human rights, news, Supreme Court by sally

‘This is a major decision which clarifies the approach that the Immigration Tribunal should take to the question of whether a child and/or their parents should be removed from the UK in circumstances where it is claimed that this would constitute a disproportionate interference in their rights to private and family life.’

Full Story

UK Human Rights Blog, 29th October 2018

Source: ukhumanrightsblog.com